The ubiquitous red Solo cup is likely to appear in your hand at some point during a seasonal party. Here are some handy tips to help you track your alcoholic beverage consumption in terms of the current standard, 18-ounce, squared Solo cup. Knowing how much you have consumed will help you stay safe and avoid the chance of an arrest for driving under the influence (DUI).

What Constitutes a “One Drink” of Beer, Wine, or Liquor

With today’s wide variety of alcoholic beverage choices, you really have to be aware of the alcohol content of your drink of choice. The number of ounces one “standard” serving varies from 1 ounce to 12 ounces:

How to Manage Your Consumption by Solo Cup

When mixing a cocktail, pour the liquor in first. 3 ounces will amount to about an inch of liquid in the bottom of your Solo cup. The liquid should just touch the bottom of the word Solo that is spelled down the side of the cup. Add mixer and ice, and that will be the equivalent of two drinks. (Let us assume the use of real glasses for those single barrel bourbons and whiskeys.)

When you think about driving under the influence (DUI), do you think the bigger issue is driving while intoxicated by alcohol, or driving while impaired by drugs, such as marijuana or heroin?

Drug-Impaired Driving Is a Growing Problem

Interestingly enough, fatal car crash data shows that the number of alcohol-impaired drivers killed has declined over the past decade, while the number of drug-impaired drivers killed has risen. Now, there is no nationwide standard protocol for alcohol and drug testing of drivers killed in car crashes, but a report issued by the Governors Highway Safety Association in May 2018 stated some concerning facts in relation to drug-impaired driving:

The number of known alcohol-positive drivers killed in a car crash decreased from 7,750 in 2006 to 5,473 in 2016;

The number of known drug-positive drivers killed in a car crash increased from 3,994 in 2006 to 5,365 in 2016;

Of those who were tested, nearly half of the drivers involved in a fatal crash tested positive for both drugs and alcohol; and

Of the drug-positive drivers killed, 38% tested positive for cannabis, 16% for opioids, 4% for both, and 42% for some other drug.

One reason given for the increase in drug-impaired driving is the rise in opioid use, which includes illegal “street” drugs, like heroin and illegally manufactured fentanyl (a synthetic opioid), as well as prescription drugs like Oxycontin and Vicodin.

If you have at least one prior conviction for driving under the influence on your record, each new conviction has increasingly more serious consequences. The more DUIs you commit, the greater your chance of spending time in jail or even in state prison becomes.

You also need to be aware that, thanks to interstate data sharing agreements, DUI conviction in other states will count when an Illinois prosecutor or judge adds up the number of prior DUI convictions on your record. (A DUI arrest that resulted in a successfully completed court supervision will not be counted as a prior conviction.)

Likelihood of Spending Time in Jail for a Second DUI Conviction

Illinois classifies both a first DUI conviction and a second DUI conviction as Class A misdemeanors, punishable by a maximum of 364 days in county jail and/or a maximum fine of $2,500. A first DUI conviction has no mandatory minimum jail sentence, however, so a judge could conceivably let you off with supervised probation, a fine, and/or community service.

It is important to understand what you are risking when you drive under the influence of alcohol or drugs in Illinois. State law categorizes even a first-time DUI as a class A misdemeanor crime, which is punishable by up to one year in jail, among other penalties. A more serious form of DUI, known as aggravated DUI, is a felony for which a judge can impose a sentence of multiple years in state prison.

However, those are maximum penalties, not the most likely. By looking at historical data, we can assess the likelihood that someone convicted of DUI will actually spend time in county jail or state prison. The circumstances of a first-time DUI will have a significant impact on the likelihood of your spending time in jail.

Jail Time Is Unlikely for Misdemeanor First DUIs in Illinois

Circumstance 1:First Offense with Successful Court Supervision. For a first-time misdemeanor DUI, the court may allow to you plead guilty and receive court supervision. If you fulfill all the requirements set by the court and successfully complete the supervision period, no DUI conviction will be entered on your criminal record. The court may require you to perform community service or pay fines, but the penalties will not include jail time or revocation of your driver’s license. Note that you will still have to serve out any statutory summary suspension of your driver’s license.

When someone is arrested for driving under the influence (DUI), one of their biggest fears is the possibility of spending time in jail. There are two ways you could spend time in jail. First, if you are arrested for a DUI and cannot make bail, or if you violate the conditions of your bail, you could be held in jail until your case is settled. Second, if you are convicted of DUI, part of your sentence could include jail time.

Fortunately, recent changes in Illinois law and the increased use of electronic monitoring devices have significantly reduced the likelihood that DUI offenders will have to spend time in jail.

Misdemeanor DUI Arrest: Usually No Jail, No Bail

When arrested for a misdemeanor DUI in Illinois, most people are processed and immediately released on their own recognizance without having to pay bail. This includes most first-time and second-time DUI arrestees charged with a misdemeanor offense.

With over 900,000 residents, heavy traffic is a fact of life for DuPage County drivers. It also means you have a good chance of being in a traffic accident. Whenever an accident involves significant vehicle damage or personal injury, Illinois law requires you to summon the police and file an accident report. Even if you were not at fault in causing the accident, you could still find yourself in serious trouble. If you consumed alcohol, marijuana, certain prescription drugs, or any other intoxicants before getting behind the wheel, you could be charged with driving under the influence.

Statistics on Vehicle Collisions and Children in DuPage County

DuPage County reported about 21,000 collisions involving over 42,000 vehicles in 2016, an increase of 16 percent from 2011. Given that 37 percent of DuPage County households have children, around one-third of collisions in the county likely involve children.

In other words, if you drive while intoxicated in DuPage County, there’s a strong probability that you will get into a collision that involves a child.

The new law, PA 100-1053, was passed in August 2018. It amends a section of the Illinois Criminal Code (730 ILCS 5/5-5-3.2) that lists the aggravating factors that a judge may use to justify extended-term sentencing.

How Extended Term Sentencing Applies to a DUI

Illinois law states that a driver who causes the death of another person while driving under the influence is guilty of a class 2 felony, punishable by 3 to 7 years in prison.

Imagine this scenario: You had a few drinks uptown, started driving home, and got into a car accident. Do you know the correct actions to take next? Do you understand what can happen if the police have reasonable cause to arrest you for driving under the influence (DUI)? It is important for every driver to know what to do in this type of situation, even if you just had one drink and were not legally intoxicated at the time of the accident.

Do You Have to Call the Police to an Accident Scene in Illinois?

If you have a single-car accident, you only need to call the police and file an accident report if there is over $1,500 worth of property damage.

If your car collides with another motor vehicle or person, Illinois law requires you to stop, render necessary aid, and exchange identification and insurance information. The police must be called to the scene if there is property damage over $1,500 or if anyone is injured or killed.

If you or a loved one are stopped for a traffic violation and suspected of driving under the influence (DUI) of drugs or alcohol (or for any other criminal offense), you will have several opportunities to make it either easier or more difficult for the police to gather evidence and the District Attorney to nail you with a “guilty” verdict. Remember, the goal of the police is to find evidence of your guilt.

Here are some tips to protect yourself against common police tactics related to vehicle searches, which are purposely employed to intimidate, mislead, or lure you into self-incrimination.

If Police Ask to Search Your Car Without Probable Cause, You Can Refuse

If you are stopped on a traffic violation, that does not give the police an automatic right to search your car.

When a driver is suspected of driving under the influence of drugs or alcohol, the police will do some preliminary tests, roadside. If the police believe they have probable cause for a DUI arrest, the driver will then be taken to a nearby police station (or sometimes to a hospital) for chemical testing. When the driver is finally released from police custody, yet another problem must be faced: what happened to their car?

Vehicles Used in DUI Typically End Up in an Impound Lot

Every police department has one or more authorized companies that can be summoned to tow and store vehicles that have been, for example, wrecked in an accident, illegally parked, or left at roadside following a DUI arrest. The police will inform a driver arrested for DUI where their car has been towed.

Towing and storage fees alone can easily add up to hundreds of dollars. The city or county where the DUI occurred may also charge an administrative fee since a city police officer or sheriff’s deputy had to take the time to arrange the towing. In DuPage County, the administrative fee alone can be as high as $500.

When the police see someone driving erratically, they often jump to the conclusion that the person must be driving drunk or high. In such cases, a police officer may be predisposed to find reasons to request a breathalyzer test and make a DUI arrest. By the time they are done with you, you may feel like you have already been convicted. But breathalyzer tests can be wrong and there are many ways to challenge the results.

Reasons a Breathalyzer Result Could Be Wrong

You will want to let your attorney know about any possible grounds on which the breathalyzer result could be challenged. Here are some examples.

Waiting period. To ensure that you have not consumed anything that could cause a false reading, the police are supposed to observe you for 20 minutes prior to running an evidentiary breathalyzer test (the one done at the police station). Police procedural error is a common DUI defense strategy.

In Illinois, if a driver’s blood-alcohol content (BAC) measures .08 or higher, they are automatically deemed guilty of driving under the influence of alcohol. Under the law, a driver is assumed to be too impaired to drive when their BAC is .08 or higher. However, you should be aware that, under certain circumstances, Illinois drivers can be penalized for drinking and driving with a BAC below .08.

Four Ways You Can Be Penalized for Driving with a BAC Below .08

Scientific studies have shown that alcohol begins to affects your judgment and reaction time starting from the first drink, well before your BAC reaches the .08 level. Therefore, some types of drivers are held to a stricter standard for highway safety reasons. Illinois law defines four ways you can be charged with DUI or otherwise penalized for driving with even a very low level of alcohol in your system.

While driving a personal vehicle, you could be charged with DUI if your BAC tests higher than .05 but less than .08. However, in this situation, in order for you to actually be convicted of DUI, the police must present other convincing evidence that you were actually too impaired to drive safely. The arresting officer would have to testify, for example, that you were driving erratically, failed field sobriety tests, and/or admitted to consuming other types of intoxicants in addition to alcohol.

That happens in part because, as the latest driver safety campaign says, “If you feel different, you drive different.” You make poor decisions, like driving too fast.

But it also happens because the police need a valid legal reason for initiating a traffic stop. Typically, the reason stated for a traffic stop is that the driver committed a relatively minor infraction of the law such as speeding, running a stop sign, failing to wear a seatbelt, or even having a burnt-out tail light. After observing the stopped driver and vehicle up close, the officer may then determine that a DUI charge is merited. But by writing up the ticket for the original infraction as well, the officer documents “for the record” the reason for the traffic stop.

If you have been charged with driving under the influence of alcohol or drugs, you need to act quickly to mitigate the potential consequences, which can include losing your driver’s license, paying a fine of up to $2,500, and more.

But before a judge can hand down a sentence, the state must prove that you are guilty of the crime. Even if you failed a breathalyzer or drug test, a conviction is not 100% guaranteed. With the help of an experienced DUI defense lawyer and a comprehensive investigation of your case, it may be possible to get the charges against you reduced or even dismissed.

The better you understand the legal process, the better equipped you will be to work with your attorney to develop the best possible defense. Toward that end, here is a brief overview of the process.

If you are caught driving under the influence in Illinois, part of the punishment is the suspension or revocation of your driver’s license. However, the state realizes that most people need to drive in order to earn a living and care for their families. The solution is the Breath Alcohol Ignition Interlock Device (BAIID), also commonly known as an in-car breathalyzer, blow-and-drive lock, or blow-to-go device.

Driver’s License Suspension for First-Time DUI Offenders

If you are arrested for DUI in Illinois and you either fail the evidentiary test (that is, your blood-alcohol concentration, BAC, is at or above .08) or you refuse to be tested, your Illinois driver’s license will automatically be suspended.

Before the police can legally arrest someone for driving under the influence of drugs or alcohol (DUI), the police must have “probable cause” to believe that the person actually committed the crime. Probable cause consists of specific facts or observations made by the police.

This is not the same as proving the person “guilty beyond a reasonable doubt,” which is the standard for actually convicting someone and punishing them for the crime.

With the legal drinking age set at 21 nationwide, you would not expect there to be many arrests for driving under the influence (DUI) among people under age 21. Yet over 2,000 Illinois youth received punishment for underage driving and driving in 2016. If you are suspected of drinking and driving, the penalties you may face are substantially tougher if you are under age 21 than if you are age 21 or older.

The Legal Limit for Blood Alcohol is Lower for Underage Drivers

If you are at least 21 years old, you are considered guilty of DUI when you have a blood-alcohol content (BAC) of .08 or higher. You can also be charged with DUI if your BAC is .05 or higher and there is additional evidence that your driving was impaired.

Imagine that you are driving down a suburban street at night, in a rush to get home. Flashing lights appear; you are being pulled over by the police for speeding. The officer stands at your window and asks for your license and registration. As you retrieve those items for inspection, the officer shines a flashlight into your car and spots a bottle of whiskey on the passenger seat. The officer is now wondering whether you are guilty of a more serious offense, such as driving under the influence (DUI).

This is when things get interesting. The officer casually asks, “You mind if I have a look in your car?”—intending to learn if that bottle is open and shows signs that you have been drinking out of it, which would help support a DUI charge. If you agree, you have just consented to a search of your entire car, and anything the police find can be used as evidence against you. Or you have the right to say, “No, I do not give consent for any searches.”

Let us assume that you do not give consent for a search. Can the police officer now legally search your car without your consent?

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